The D.C. Circuit has just issued a per curiam order denying the detainees' petition for an en banc rehearing in Hatim v. Obama.

Today marks our last little dispatch about the preliminary injunction hearing in the case of Abu Wa’El (Jihad) Dhiab, Syrian national, cleared-for-release Guantanamo detainee, and---most relevantly for present purposes---intermittent hunger-striker.

Yesterday's open proceedings can be summarized straightforwardly: in essence, the government concluded its evidence against Dhiab’s motion for a preliminary injunction with respect to certain Guantanamo force-feeding protocols.

The First Amendment question in Judge Kessler’s opinion in support of her Order directing the videotapes of Abu Wa'el Dhiab's forced feedings to be unsealed (see Jane’s summary) is whether the public’s presumptive right of access is outweighed by the government’s well-specified “compelling interest” in keeping the classified tapes sealed.  The

The Congressional Research Service has put out a new report entitled "Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings."

The summary reads, in part:

This report discusses major judicial opinions concerning suspected enemy combatants detained in the conflict with Al Qaeda and the Taliban. The report addresses all Supreme Court decisions concerning enemy combatants.